New Mexico Truck Driver Phone Law
Federal 392.82 already bars hand-held use in your CMV throughout New Mexico (49 CFR 392.82), and the state doubles down: §66-7-375 separately bans a truck driver from using a handheld device for any purpose. For regular drivers, New Mexico's statewide rule is texting-only: no reading, viewing, or manually typing a text, even stopped in traffic, primary enforcement, $25 first ticket and $50 after (§66-7-374). Cities like Albuquerque and Santa Fe add full handheld bans with steeper fines.
The federal ban applies here first
Federal law rides with your CDL in every state. FMCSA 49 CFR 392.82 bans all hand-held phone use while driving a CMV: no holding it to talk, no dialing more than a single button, no reaching for the phone out of your belted seat. A separate rule (49 CFR 392.80) bans texting and manual data entry. Only hands-free counts as compliant (mounted or in close reach, one-touch or voice, no reaching), and the only exception is calling 911. "Driving" includes sitting at a red light or stuck in traffic; you are clear only once fully off the road and stopped. Penalties run up to $2,750 for the driver and $11,000 for the carrier. It is a CSA serious violation: two convictions in any 3-year period disqualify your CDL for 60 days, three or more for 120 days (49 CFR 383.51).
New Mexico’s rule for all drivers
Federal 392.82 already bars hand-held use in your CMV throughout New Mexico (49 CFR 392.82), and the state doubles down: §66-7-375 separately bans a truck driver from using a handheld device for any purpose. For regular drivers, New Mexico's statewide rule is texting-only: no reading, viewing, or manually typing a text, even stopped in traffic, primary enforcement, $25 first ticket and $50 after (§66-7-374). Cities like Albuquerque and Santa Fe add full handheld bans with steeper fines.
- Hand-held: Texting ban only
- Texting: Statewide law is texting-only for regular drivers — no reading, viewing, or manually typing a text, even stopped in traffic. Primary enforcement (§66-7-374). Note the extra state layer for you: §66-7-375 bans all handheld use in a CMV. Cities layer on full handheld bans.
- Fine: State texting ticket is $25 for a first offense and $50 for a second. Many cities (Albuquerque, Santa Fe, Las Cruces) add full handheld bans with higher local fines.
- Points: Small state texting fine ($25/$50), but New Mexico also bans handheld use in a CMV by state statute (§66-7-375) on top of federal 392.82. A federal conviction is a CSA serious violation, and two in any 3 years pull your CDL for 60 days.
New Mexico Truck Phone Law FAQ
Can truck drivers use a phone in New Mexico?
What is the phone fine in New Mexico?
Is texting while driving illegal in New Mexico?
Reference information for planning, not legal advice. Traffic laws change and this can be out of date, so always confirm the current statute and obey posted signs before you rely on it. Last reviewed July 2026. Source: https://codes.findlaw.com/nm/chapter-66-motor-vehicles/nm-st-sect-66-7-374/. See our Terms & Disclaimer.
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